The High Court dismissed the regular first appeal and pending interlocutory applications for default due to the appellant's absence and incomplete service on the respondent.
Appeal and pending interlocutory applications dismissed for default.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
RFA.No. 378 of 2005 ( )
AGAINST THE JUDGMENT AND DECREE IN OS NO.435/2002 of I ADDL.SUB COURT,ERNAKULAM DATED 21-08-2004
APPELLANT(S)/PLAINTIFF::
VENKITACHALAM, AGED 47 YEARS,
S/O. ANANTHANARAYANA IYER, THUNDIPARAMBU MADAM
NORTH FORT GATE, TRIPUNITHURA, PIN-682 301.
BY ADVS.SRI.JOHNSON JOSEPH KANADAN
SRI.S.KRISHNAN THAMPI
RESPONDENT(S)/DEFENDANTS::
R2 BY ADV. SRI.MANJU ANTONEY R2 BY ADV. SRI.K.JAYAKUMAR(CHERTHALA)
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
C.M.Appln.No.1128 of 2005 & R.F.A. No.378 of 2005
Dated this the 28th day of January, 2016
JUDGMENT
Antony Dominic, J.
This appeal was filed in the year 2005. Despite the lapse of more than ten years, service on the first respondent in the delay petition is still remaining incomplete. It is also seen that though the case was posted on 03.04.2007 before the Registry, for curing the defect, there was no representation for the appellant. Today also there was no representation
for the appellant and despite calling the name of appellant, he is also absent. In such circumstances, the application and the appeal are dismissed for default.
All pending interlocutory applications will stand dismissed.
ANTONY DOMINIC, JUDGE.
A. HARIPRASAD, JUDGE.
cks
VENKITACHALAM
ANANTHANARAYANA IYER
GEETHA VENU
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
